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HomeMy WebLinkAbout4734 Ordinance - Amending PMC Sections 25.15.270 25.180.050 Related to FencingOrdinance – Amending PMC 25.15.270 & 25.180.050 - 1 ORDINANCE NO. 4734 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTIONS 25.15.270 AND 25.180.050 TO CLARIFY FRONT YARD DEFINITIONS AND ADD INCREASED FLEXIBILITY TO FENCE HEIGHT AND PLACEMENT. WHEREAS, the Landscaping and Screening chapter of the Pasco Municipal Code (PMC) 25.180 is intended to establish minimum standards for the provision of design, maintenance, and sight-obscuring methods within residential zoning districts; and WHEREAS, the definitions for “Yard, front” in PMC does not clearly account for yards between right-of-way and primary structures; and WHEREAS, there is a need to establish clear guidelines for fence heights and placement, taking into consideration the balance between property privacy, safety, and maintaining neighborhood cohesion; and WHEREAS, the intent of this amendment is to increase clarity, flexibility, and safety standards for corner lot fencing within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 25.15.270 entitled “Y definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.207 Y definitions. “Yard, front” means an open and unoccupied space extending the full width of the lot between any building and any street right-of-way adjacent the lot the street right- of-way the building is addressed from. The front yard shall be determined by measuring perpendicular from the street right-of-way to the closest point of the building. “Yard, rear” means an open and unoccupied space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular from the rear lot line to the closest point of the building; and shall not include any front setback area on corner lots. For a corner lot the rear yard shall be parallel to the shortest lot line common to an adjacent lot. “Yard, secondary front” means a yard on a corner lot between the street right-of- way that a building is not addressed from, extending the remaining width of the frontage from the front yard. The secondary front yard shall be determined by Ordinance – Amending PMC 25.15.270 & 25.180.050 - 2 measuring perpendicular from the street right-of-way to the closest point of the building. “Yard, side” means an open and unoccupied space, except as provided herein, extending from the front yard to the rear lot line between the principal building and the side lot line. The side yard shall be measured perpendicular from the side lot line to the closest point of the principal building. [Ord. 4110 § 5, 2013; Ord. 3354 §§ 1 – 3, 1999; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.490 – 25.12.500.] Section 2. That Section 25.180.050 entitled “Design standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.180.050 Design Standards (1) Fences, Walls and Hedges. (a) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade except in those cases where topographical irregularities occur. The height of fences, walls and hedges between a structure and a common lot line shall be measured from the grade along the common lot line or top of any structural retaining wall occurring at the common lot line. (b) Fences and walls in commercial districts shall complement the materials used in any principal on-site structures. (c) The height of fences, walls and hedges shall be limited to three and one-half feet. An additional one and one-half feet comprised of 85 percent transparent material is permitted for a maximum of five feet within the front yard area of residentially zoned lots, retail business and office zoned lots. A six-foot fence in the front yard next to the side street is permitted if the property is at a corner where two corner lots are next to each other or separated only by an alley. If the house’s front door faces the side street, any fences taller than what is allowed in the front yard must be placed 15 feet away from the side street’s property line. (i) Fences greater than three and one-half feet in front yards must provide address numbers to the fence in conformance with the International Building Code. (ii) Fences greater than three and one-half feet in front yards must be equipped with Knox boxes if gates are locked. (d) The height of fences, walls and hedges within the side and rear side, rear, and secondary front yards of residentially zoned lots, retail business and office zoned lots shall be limited to six feet. A gate or opening with a Ordinance – Amending PMC 25.15.270 & 25.180.050 - 3 minimum three-foot width leading into at least one side yard shall be provided. (e) All fences shall be constructed to conform to the most recent version of the Pasco Design and Construction Standards related to sight distance triangles. (ef) Fences shall not be constructed out of tires, pallets, bed springs, multi-colored materials, tarps, plastic sheets, corrugated sheet metal, except in industrial districts, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes. Hog wire, chicken wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any similar or like wire fencing material is not permitted in residential or commercial zones. Horseman wire mesh and the other wire fencing listed above may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. Fences built with valid permits prior to the effective date of this chapter or fences on properties annexed to the City after the effective date of this chapter are exempt from this subsection. (fg) Barbed and razor wire fencing is prohibited in all residential districts, in the office district and the central business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. In the C-1 retail business district only one strand of barbed wire is permitted along the top rail or within two inches of the top rail. (gh) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals. (hi) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and rails that are an integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street. (ij) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (jk) No fence, wall or hedge, landscape material or foliage higher than three feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets, including the area between such points, or 15 feet from the intersection of a street and an Ordinance – Amending PMC 25.15.270 & 25.180.050 - 4 alley; provided, however, that if an alternative fence material is used, such as masonry, wrought iron, wood, or combination thereof, then the fence must be 75 percent transparent and may be a maximum six feet in height; or a smaller, 75 percent transparent fence set upon a maximum three-foot wall or other structure not exceeding a combined height of six feet may be erected within said area of intersection of street and alley, so long as the fence is at all times unobstructed by foliage or other matter. (kl) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in subsection (1)(jk) of this section. (lm) All residential fencing within the I-182 overlay district, as defined by PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of masonry block. Replacement of preexisting Surewood fences within the district shall use masonry block or cedar material prescribed by the City as prestained, knotless cedar 23/32-inch thick, five and one-half inches wide and six feet tall. (mn) No fence or wall shall be erected without first obtaining a building permit from the Building Inspector. (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of three feet; no tree, as measured from its center, shall be located within 10 feet of a street light standard, or within five feet of a driveway or a fire hydrant. (3) Commercial and Industrial Districts. (a) The first 10 feet of all commercial and industrial property abutting an arterial street and the first five feet of all commercial and industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting. (b) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.130 PMC, commercially and industrially zoned properties adjacent to properties in less intense zoning districts shall have a 10-foot landscape buffer on the side immediately adjacent to the less intense zoning district. The landscaped buffer shall meet the following standards: (i) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer. Ordinance – Amending PMC 25.15.270 & 25.180.050 - 5 (ii) The live vegetation shall consist of 40 percent evergreen trees. (iii) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of three trees, with groupings spaced no more than 50 feet on center along each property line. (iv) Shrubs shall be provided at a minimum rate of one per eight linear feet of property line and spaced no more than 16 feet apart on center. (v) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (c) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. (4) Residential Districts. At least 50 percent of the required front yard area for all residential property, including right-of-way but excluding driveways, shall be treated with live vegetation. Planting strips shall be treated as per PMC 12.12.070; and (5) All areas of a lot or parcel not landscaped or covered with improvements shall be maintained in such a manner as to control erosion and dust. Gardens within established landscapes are excluded from this provision in residential districts. Front yard areas not covered by the required 50 percent live vegetation must be covered by mulches or decorative rock. [Ord. 4680 § 1, 2023; Ord. 4157 § 1, 2014; Ord. 4110 § 28, 2013; Ord. 3763 §10, 2006; Code 1970 § 25.75.050.] Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance – Amending PMC 25.15.270 & 25.180.050 - 6 PASSED by the City Council of the City of Pasco, Washington, on this 7th day of Ocotber, 2024. APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys _____________________________ Pete Serrano Mayor ATTEST: _____________________________ Debra Barham, MMC City Clerk Published: October 13, 2024